PXG GEN6 Driver Challenge Giveaway Official Rules
Terms and Conditions
These are the terms and conditions (the "Terms and Conditions") that govern the relationship between you, the participant, and Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, Arizona 85260, USA (“Sponsor") in relation to the PXG GEN6 Driver Challenge (the "Promotion"). By participating in the Promotion, you agree to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, and you represent that you satisfy all of the eligibility requirements below.
ELIGIBILITY: The Promotion is only open to residents in the fifty United States who are eighteen (18) years old or older at the time of participation. Employees of the Sponsor, its respective subsidiaries and associated companies, its advertising and promotional agencies or the prize suppliers, and each of their respective direct and indirect subsidiaries and affiliates, and each of their respective shareholders, partners, members, officers, directors, agents, representatives and employees (collectively, the "Promotion Entities") and immediate family members of such employees are ineligible.
PROMOTION PERIOD: The Promotion will run from 12:00AM (MST) on August 1st, 2023 to 11:59PM (MST) on August 31st, 2023 (the "Promotion Period").
HOW TO PARTICIPATE: In order to participate in the Promotion:
- Schedule a fitting for a new PXG GEN6 Driver with a PXG Master Fitter to take place during the Promotion Period by calling 1.844.PLAY.PXG or booking online at www.pxg.com;
- Bring your current driver (which must not be a PXG Gen6 Driver) to the fitting.
- During your fitting, we will evaluate your performance using your current driver and then compare it to your performance using our fitter-optimized GEN6 Driver. Using Trackman technology we will record five (5) drives using each driver and then compare your best three (3) drives for each driver ("Best Shots") provided that your swing speed for each of the shots using the GEN6 Driver is within 3mph of your swing speed using your current driver. You must use the same dexterity, including but not limited to identical hand positioning, with both your current driver and the GEN6 Driver. PXG Master Fitters retain the right to choose from the complete shaft matrix offered by Sponsor. The data will be shared with you during your fitting.
- We are confident that in nearly every case, with a similar swing speed, our GEN6 Driver will deliver more distance or tighter dispersion than your current set-up. If we are right, you have no further obligation, but we know that once you swing PXG GEN6, you are going to want it.
- If during your PXG fitting your Best Shot using the GEN6 Driver does not deliver (based on the average of the best three (3) shots) more distance or tighter dispersion than your Best Shots using your current driver, we will send you a Rewards Card (as described below).
If you do not complete the fitting and accept these Terms and Conditions, you will not be eligible to receive the Rewards Card. The Promotion is limited to one (1) participation per person and any attempt by you to participate by booking multiple fittings and/or any other methods will void your participation and you may be disqualified from the Promotion. Entry to this Promotion does not preclude you from entering other promotions offered by the Sponsor.
REWARDS CARD: The rewards card is a $100 USD MasterCard Rewards card, subject to availability and with an expiration date of one (1) year from date of issue. Reward cards are subject to issuer’s terms and conditions. Following successful claim of a Rewards Card during the fitting, we will arrange for electronic delivery of the Gift via email to you. We will endeavour to deliver the Gift within [six (6) weeks] of your fitting. All federal, state, and local taxes associated with the receipt or use of any prize are the sole responsibility of the participant. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components.
DISCLAIMER: By participating in all or a portion of the Promotion, each participant agrees to release and hold harmless all directors, managers, officers, and employees of Sponsor and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, and advertising, fulfilment and marketing agencies or suppliers (collectively, “Released Parties”) will not be responsible for: (a) any printing or typographical errors in any materials associated with the Promotion; (b) errors in the administration of the Promotion; or (c) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such participant’s participation in the Promotion or acceptance, receipt, use or misuse of any prize, or travel to any Promotion-related events. By participating in the Promotion, each participant agrees to be bound by: (a) these Terms and Conditions which may be amended or varied at any time by Sponsor with or without notice; and (b) Sponsor’s decisions, which are final in all matters relating to these Terms and Conditions, and the Promotion and no correspondence or discussion shall be entered into. Other restrictions may apply.
LIMITATION OF LIABILITY AND RELEASES: By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Promotion or delivery, mis-delivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses, and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, (including negligence), warranty or other theory. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE OTHER RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PROMOTION OR USE OR INABILITY TO USE ANY PRIZE PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISPUTE RESOLUTION: EACH PARTICIPANT AGREES THAT (1) ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PRIZE AWARDED WITH BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR THE APPROPRIATE STATE COURT LOCATED IN MARICOPA COUNTY, ARIZONA, USA; AND (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES. THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, USA WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND AGREE TO SUBMIT TO THE JURISDICTION OF THOSE COURTS.
GENERAL CONDITIONS: Participants agree to be bound by these Terms and Conditions and by the decisions of Sponsor, which are final and binding in all respects. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor that may cause the Promotion to be disrupted or corrupted, Sponsor may, in its sole discretion, suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions. Participants who violate these Terms and Conditions, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other participant (as determined in Sponsor’s discretion) are subject to disqualification from the Promotion. Any attempt by a participant or other individual to deliberately damage any website associated with the Promotion or undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to participate in the Promotion. Sponsor’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision. Any provision of these Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Terms and Conditions will remain in effect.